W. Va. Code R. § 64-1-4

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-1-4 - Hearings

4.1. Request for Hearing; Form Required - Any party who requests a hearing to determine any constitutional rights, legal rights, duties, interests or privileges of specific parties as required by law shall specify in writing the relief requested and the grounds relied upon as a basis for the relief requested.

4.2. Hearing on Written Request - When the Commissioner is presented with a request for a hearing as described in subsection 4.1. of this section he or she shall conduct a hearing within forty-five (45) days of receipt of such written request, unless postponed to a later date by mutual agreement.

4.3. A request for a hearing may be denied if the Commissioner determines that the hearing:

4.3.a. Involves an exercise of authority in excess of that available under law;

4.3.b. Would serve no useful purpose; or

4.3.c. Arises out of an event or occurrence that happened more than ninety (90) days prior to the request for a hearing.

4.4. If the Commissioner determines that the request for a hearing should be denied under section 4.3. of this rule, then the Commissioner shall, within twenty (20) days of the receipt of such request, enter an Order denying the request for hearing, including the reason for such denial. Appeal may be taken from such Order as provided in W. Va. Code § 29A-5-4.

4.5. Notice of Hearing - Upon the receipt of a request for a hearing as described in subsection 4.1. of this Section, the Commissioner shall within twenty (20) days provide the party making such request with a notice of hearing providing the Commissioner has not entered an Order denying a hearing as provided in subsections 4.3. and 4.4. of this section. Such notice shall contain:

4.5.a. The date, time and place of the hearing;

4.5.b. A short plain statement of the matters asserted; and

4.5.c. A statement of intention to appoint a hearing examiner, if one is to be appointed pursuant to Section 8 herein; such notice shall be given at least 10 days in advance of the date of the hearing.

4.6. How Hearings Conducted - Hearings shall be conducted as follows:

4.6.a. Any party shall have the right to be represented by an attorney qualified to practice in the state of West Virginia;

4.6.b. The bureau may be represented by the office of the attorney general;

4.6.c. The rules of evidence as applied in civil cases in the circuit courts of this state shall be followed;

4.6.d. When necessary to ascertain facts not reasonably susceptible to proof under said rules of evidence, evidence not admissible thereunder shall be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent people in the conduct of their affairs;

4.6.e. The bureau shall be bound by the rules of privilege recognized by law;

4.6.f. Documentary evidence may be received in the form of copies or excerpts or by incorporation of reference;

4.6.g. Initially the bureau shall be given an opportunity to present evidence, including testimony, papers, records, bureau staff memoranda and documents in the possession of the bureau which it selects and determines to be in support of its position;

4.6.h. Every party shall have the right of cross-examination of witnesses who testify, and following the conclusion of the bureau's presentation, shall have the right to present evidence including testimony, papers and records and to submit rebuttal evidence;

4.6.i. The bureau shall have the right to cross-examine witnesses providing rebuttal testimony; and

4.6.j. Following the presentation of all the evidence, every party, including the bureau , shall have the right to offer closing argument, not to exceed a reasonable time limit as determined by the Commissioner or the hearing examiner.

W. Va. Code R. § 64-1-4